skip navigation

Latest News

  C'est Bon, Le Pre-Nup 
  Lotto Win Not Part of Family Assets 
  Swiss Assets Unfrozen by Court 
  Children's Interests Need to be Assessed Individually 
  Husband Loses Appeal Over £7 Million Trust Fund Assets 
  Judge Has Discretion Not to Wait for Evidence of Psychiatrist  
  Disapproval of Son-in-Law Leads to Property Challenge 
  Inherited Wealth Not Split on Divorce 
  Court of Appeal Backs Prospective Adopters 
  Divorced Man Can Keep £1 Million in Pre-marital Assets 
More...

Courts Must Make Decisions on Child Protection


 

The Supreme Court has clarified the role of the courts in child protection cases, as a result of a recent case concerning a baby boy who had been the victim of abuse.

The judge in the lower court had concluded that there was a 60 per cent chance that the father had abused the boy and a 40 per cent chance that the mother had been responsible for his injuries. The judge therefore decided that both the baby boy and his brother should be removed from their parents’ care.

The Supreme Court ruled that the original judge had misdirected herself and her use of percentages was unhelpful. After the terrible consequences arising from the failures in the case of Baby P, it is understandable that there are concerns that social workers and local authorities are not being sufficiently proactive in protecting children from harm. However, the standard of proof used by the courts in child protection cases is ‘on the balance of probabilities’; no more and no less. The burden of proof does not vary according to the gravity of the alleged misconduct or the seriousness of the consequences for the persons concerned.

The role of the courts is to examine carefully the evidence before them and make findings based on that evidence. What is in the best interests of the child should be determined after weighing up a range of considerations. It is the courts, not councils, which must decide on child protection.

Not every case will result in a care order. If it did, this would signify either that the courts were not scrutinising the evidence of each case sufficiently or that local authorities were not bringing enough cases.

The Supreme Court remitted the case back to the court to be heard by a different judge.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
 
 
Home | About Us | Our Services | Our People | Careers | Library | Contact Us | Help

6 King Street, Hereford, HR4 9BS Tel: 01432 352121

13A Broad Street, Leominster, Hereford, HR6 8TZ Tel: 01568 615905

© TA Matthews Solicitors. All rights reserved.

Authorised and regulated by the Solicitors Regulation Authority (SRA)

Hereford SRA Number: 52926

Leominster SRA Number: 52927

Legal Disclaimer

[smaller] Change text size [larger]